HomeMy WebLinkAboutItem 6.3 General Plan Consult Select (2)
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CITY OF DUBLIN
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AGENDA STATEMENT
MEETING DATE: March 14, 1983
SUBJECT
General Plan Consultant Selection
EXHIBITS ATTACHED
Agreement; Preliminary Schedule; Proposal
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1) Authorize City Manager to execute agreement
with Blayney-Dyett for General Plan Consulting
Services
Authorize an additional appropriation from the
Street Improvement Reserve to the Planning
Account in the amount of $40,000
RECOMMENDATION
FINANCIAL STATEMENT: Total cost of consulting services not to exceed
$96,600, except as provided in agreement. Estimated
cost for Fiscal Year 1982-83 - $40,000. An additional
appropriation will be required.
DESCRIPTION At its meeting of October 25, 1982, the Dublin City
Council approved the General Plan Work Program recommended by the Planning
Commission and the City Staff and authorized Staff to proceed with the
consul tant selection process for the General Plan. As a part of that
process, Staff identified 8 reputable firms in the Bay Area which had
experience in General Plan preparation. The proposals ranged in price from
$61,000 to $110,000.
After screening the proposals, Staff recommended that the City's Planning
Commission interview 3 consultants. The Planning Commission conducted those
interviews and concurred with Staff that the planning consultant which could
best meet the needs of the City in preparation of its General Plan is the
firm of Blayney-Dyett. Staff has met with Mr. John Blayney and negotiated
the attached agreement. Under that agreement, John Blayney will be the
project manager. His consulting firm's services will cover a 12 month
period and will produce a General Plan and Final EIR ready for adoption by
the City Council before March, 1984. The General Plan Consultant will
employ the following sub-contractors to assist in developing the necessary
traffic, s~smic and acoustical technical information which is needed to
prepare the General Plan:
1. TJKM, Transportation Consultants
2. Hallenbeck-McKay & Associates, Geotechnical Engineering Consultants
3. Charles M. Salter Associates, Inc., Acoustical Consultants
Staff has contacted a number of new cities that have adopted a General Plan
in the last several years utilizing the services of a General Plan
Consultant, and believes that the cost included in the Blayney-Dyett
proposal is comparable to what those other cities incurred.
Recommendation
It is Staff's recommendation that the City Council authorize the City
Manager to execute an agreement with Blayney-Dyett for General Plan
Consultant Services and further, make an additional appropriation from the
Street Improvement Reserve in the amount of $40,000 to cover the cost of the
contract which will be incurred in Fiscal Year 1982-83.
Mr. John Blayney will be present at the City Council meeting to discuss his
proposal and answer any questions which the City Council might have at that
time.
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COPIES TO: Blayney-Dyett
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ITEM NO.
AGREEMENT
FOR PROFESSIONAL SERVICES
THIS AGREEMENT, made and entered into the FIlL day of~c.Iv ,
1983 by and between the CITY OF DUBLIN, a Municipal Corporati n of the
State of California, hereinafter referred to as "CITY", and Blayney-
Dyett, A California Corporation, 177 Post Street, Sui te 750, San
Francisco, California, 94108, hereinafter referred to as "Contractor."
WITNESSETH:
WHEREAS, City desires to retain consulting services for preparation
of its General plan and preparation of an Environmental Impact Report
(EIR); and
WHEREAS,
studies; and
Contractor warrants that it is qualified to conduct such
WHEREAS, Contractor is willing to render services required In
accordance with the terms and conditions hereinafter set forth.
NOW,
agreement,
follows:
THEREFORE, in consideration of the mutual covenants,
and conditions herein, the parties hereto do hereby agree as
1. Contractor's Services. Contractor shall diligently perform the
services and furnish the materials hereinafter set forth:
a. Contractor shall prepare a General Plan and EIR in accord with
the scope of work set forth in Exhibit A attached hereto and
incorporated herein by reference.
b. Contractor's project manager (John Blayney) will attend up to
10 public meetings, including City Planning Commission or City
Council meetings, provided that attendance at meetings later
than 150 days after submission of the Draft General Plan and
Draft EIR or in excess of 10 shall be charged at hourly rates
plus direct costs. Subcontractors' project manager will attend
up to 2 public meetings each.
c. Contractor will meet with the technical staff of the City and
other agencies involved as mutually agreed to be necessary for
the effective conduct of the work.
d. Contractor shall furnish copies of maps and reports as
prescribed in Exhibit A and shall furnish original or camera-
ready art for further reproduction by the City.
e. Contractor will act as a coordinator to facilitate public
participation at public meetings on the General Plan.
Contractor, in cooperation with City Staff, will present and
discuss General Plan information at public meetings.
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f. Contractor shall submit a draft of all written products to the
City Staff for review, revision and approval prior to
distribution or release.
g. Contractor shall be responsible for the professional quality,
technical accuracy, timely completion, and the coordination of
all reports and other services furnished by the Contractor
under this Agreement, except that the Contractor shall not be
responsible for the accuracy of information supplied by the
City. The Contractor shall, without additional compensation,
correct or revise any factual errors in his reports.
h. Should the City be subject to a court judgment or a finding by
a state agency that the adopted General Plan is inadequate,
and the judgment lS due to the Contractor's lack of
professional quality or technical accuracy, the Contractor
shall, without additional compensation, prepare an adequate
General Plan and shall pay all legal fees and costs incurred
by the City.
A-m::.H1
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2. City Participation and Services. City shall designate an individual
who shall be responsible for administering this Agreement.
Authorizations by the City as referred to in this Agreement shall
be by the designated official or his/her deputy.
a. City shall provide at its own expense reference materials and
report data such as may exist in City's files, including copies
of reports, records, maps, and other file material.
b. City shall be responsible for organizing public participation,
scheduling all public meetings, and commenting on Contractor's
work.
c. City shall assist Contractor as requested in liaison,
coordination, and communication with all city agencies, staff,
officials, and involved agencies of other levels and
jurisdictions, including but not limited to Alameda County and
the State of California.
3.' Term. The work described In Item (la) shall be performed in
accordance with the time schedule set forth in Exhibit" A" . The
time schedules may be altered by mutual agreement of the City and
the Contractor. The General Plan and Final EIR shall be ready for
adoption by March, 1983.
4. Ownership of Work. All documents, data studies, surveys, drawings,
maps, and reports furnished to the Contractor by the City, as well
as reports and supportive data prepared by the Contractor under
this contract, shall be considered the property of the City of
Dublin and, upon completion of the services to be performed, be
turned over to the City of Dublin.
5. Compensation. The City agrees to pay the Contractor for all
services rendered and materials provided in the performance of the
specified work scope on a time-and-materials basis, provided that
the Contractor completes the work wi thin the maximum, not-to-be-
exceeded, budget of $96,600. The City, at its option, may request
additional services a~ specified in paragraph (l~) and shall
compesate the Contractor at standard billing rates as set forth in
Exhibi t B. The City may, at its option, decide to have the
Contractor supply full colored General Plan maps at an additional
cost, not included in the maximum budget, or the City may decide to
have the General Plan map prepared outside of this Agreement.
6. Payment. The first payment shall be due 30 days following the date
of this Agreement and succeeding payments shall be due on the same
day of each succeeding month. Payment to the Contractor shall be
made as soon as practicable, and in any case within 30 days after
receipt of the Contractor's invoice, provided that the City may
withhold payment for any disputed items. The City agrees to notify
the Contractor of any disputed items on an invoice within five (5)
working days after receipt of the invoice.
7 . Contractor I s Status in the Performance of the Services Specified
Herein. Contractor is an independent contractor and shall not for
any purpose be deemed to be an employee, agent, or other
representative of the City of Dublin. Services called for herein
shall be deemed to be unique, personal services and Contractor
shall not assign, sublet, transfer, or otherwise substitute its
interest in this Agreement, or its obligation hereunder, without
the written consent of the City.
8. Ci ty Liability. The City shall have no liability for payment of
salary, wages, fees, or materials or services provided to the
Contractor by any person or firm.
9 .
Subcontractors.
subcontractors,
and payment:
Contractor shall employ the following
and shall be solely responsible for their direction
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TJKM, Transportation Consultants
Hallenbeck-McKay & Associates, Geotechnical Engineering Consultants
Charles M. Salter Associates, Inc., Acoustical Consultants
Contractor may revise the scope of work or budget of a
subcontractor or may terminate an agreement with a subcontractor
and obtain similar services from another subcontractor, provided
that any change shall be approved by the City.
10. Changes. The City may, from time to time, request changes in the
scope of service performed by Contractor. Any increase or decrease
in the amount of Contractor's compensation occasioned by such
changes shall be as mutually agreed upon in writing between the
Ci ty and the Contractor. All correspondence concerning contract
changes will be through certified mail.
11. Termination. Ci ty may terminate this Agreement at any time by
delivering written notice to the Contractor. Contractor may
terminate this Agreement by giving the City 30 days advance written
notice. A notice of termination by either party need not state a
reason for the action. In the event of termination, the Contractor
shall be compensated for services performed to the effective date
of termination, based on the proportion of the work completed.
12. Compensation for Additional Services. If any legal action is
brought against the City in connection with the General Plan, which
is the subject of this Agreement, the City will assume the
responsibili ty for contracting with the Contractor for testimony,
if necessary, in defense of the General Plan, in accordance with
standard billing rates.
13. Hold Harmless. Contractor shall indemnify, defend, and hold
harmless the City, its officers, agents, and employees from and
against any and all claims, demands, liability, costs, and expenses
of whatever nature, including court costs and counsel fees arising
out of injury to or death of any person or persons or loss of or
physical damage to any property resulting in any manner from the
willful acts or negligence of Contractor, its subcontractors,
agents, employees, licensees, or guests in the making or
performance of this Agreement.
14. Insurance. Contractor agrees to maintain in full force and effect
during the course of this Agreement, in forms acceptable to the
City, bodily injury liability insurance in the amount of $500,000
per occurrence and property damage liability insurance in the
amount of $100,000 per occurrence. In addition, Contractor shall
be responsible for and pay for all Worker's Compensation Insurance
and agrees to furnish City with a copy of its Worker's Compensation
Insurance policy, if requested.
15. Conflict of Interest. The Contractor covenants that it presently
has no interest and shall not acquire any interest, direct or
indirect, which would conflict in any manner or degree with the
performance of his services hereunder. The Contractor further
covenants that in the performance of this contract no person having
any such interest shall be employed. Contractor shall not provide
services to any private client within the corporate boundaries or
sphere of influence of the City during the term of this Agreement.
16. Equal Employment Opportunity. Contractor is an Equal Opportunity
Affirmative Action employer and agrees to comply with applicable
requirements governing equal employment opportunity.
,17. Assignability. The Contractor shall not assign any of Contractor's
rights or obligations under this Agreement without prior written
consent of the City thereto; provided, however, that claims for
money due or to become due to the Contractor from the City under
this agreement may be assigned to a bank, trust company, or other
financial institutions without such approval. Wri tten notice of
any such assignment or transfer shall be furnished promptly to the
City.
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement
to be executed the day and year first written.
CITY OF DUBLIN
A Municipal Corporation
Blayney-Dyett
A California Corporation
By:
, By:
~.lLOr &ty~
John Blayney, President
ATTEST:
By:
City Clerk
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